What happens if my ex fails to show up in court for access for my kid

Question

my ex is a real b**ch sorry for the bad language, i cant see my kid cos we broke up and her family have no sense, they all dont want my daughter to have her dad in her life, so i have no choice but to take her to court.

so what will happen if she never show up

Answer 1

IT MEANS SHE A d**n BITCHHHHHH AND FATHER'S  SHOULD HAVE RIGHTS TO THEIR CHILDREN, AND I'M A WOMAN....I ADMIRE A MAN THAT TAKES RESPONSIBILITY AN CARE OF HIS CHILDREN...

Answer 2

You will be able to use it as ammunition to get better visiting rights, but since the mother pretty much automatically gets custody you probably won't get custody (The mother basically has to be in jail for child s*x crimes before the father gets custody these days, and even then it's only a maybe).

Answer 3

Unfortunately the courts tend to side with the mother so if she fails to show up they will probably just rearrange the hearing.

If it was the other way round, and you failed to show up, you would lose your case immediately.

Answer 4

Unless she sends her lawyer in her place, she will almost certainly lose the case.  However, judges will often give parents extra time (sorry, but especially moms).

So you might not get action the first time.  If she misses a second hearing without a valid reason, the judge will rule in your favor.

Incidentally, lose the antagonistic attitude, it will hurt you in court.  This is not between you and her family.  State your case calmly and reasonably, and make this about what is best for your daughter.

  

Answer 5

you'll win your visitation and maybe more.

Answer 6

trust me, the playing field is not level in family law. if you're not married and you have no 'parental responsibility' order or your name is not on the birth certificate, you've got an uphill struggle and expect all-sorts of unfounded allegations to be thrown before the courts to blacken your name.  act fast as even the delay in taking it to court and the waiting time for it to be listed will be used as a reason for her not to allow you access since there will be a gap when you havent seen them.

it would be good for you if she didnt turn up since she will effectively be showing 2 fingers to the judge and you can say 'this is what she's like'. expect her to fight dirty. YOU MUST AT ALL TIMES BE SEEN TO BE REASONABLE . if you let it show that you are slighty annoyed or pissed off, you WILL get hammered.  Always agree with the Judges decision and then return the matter back to court a while later for a review to move things forward.  contact fathers 4 justice and fnf, they've got some real practical help on what to do and what to avoid.  Hang in there brother and do the best for your kids.

Good Luck, Gizzard above has some good advice, he's right

Answer 7

Well my first question for you is, do you pay your child support on time every month?

secondly its not between you and the ex's family members they need to back off..

and if she don't appear they can put a bench warrent out on her I'd say?

Answer 8

If she doesn't show up, you will win by default.  You must be able to prove that you are able to take care of your child however